[Ord. 1, 12/31/1949; as revised by Ord. 60, 8/12/1985]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner for the purpose of this ordinance when the lessor holds
the lessee responsible for maintenance and repairs.
MOTOR VEHICLE
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways,
and including trailers or semi-trailers pulled thereby.
NUISANCE
Any condition, structure, or improvement which shall constitute
a threat or potential threat to the health, safety, or welfare of
the citizens of the Township.
OWNER
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association, or corporation.
PERSON
A natural person, firm, partnership, association, corporation,
or other legal entity.
In this Part, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
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[Ord. 1, 12/31/1949; as revised by Ord. 60, 8/12/1985]
It shall be unlawful for any person to create or maintain any
condition upon their property which could directly or indirectly cause
a nuisance or health hazard to residents of the Township. Specifically,
the unsheltered storage or maintenance of unused, stripped, damaged
and generally unusable machinery or equipment, or materials, shall
be considered a nuisance and/or health hazard if any of the following
conditions exist:
— Openings or areas which are conducive to the harboring
and growth of vermin.
— Storage in any manner which would allow the equipment,
machinery, material or any parts thereof to easily shift, tilt, or
fall from its original storage position.
— Contains any liquid or material of a hazardous
or potentially hazardous nature, including, but not limited to, gasoline,
oil, battery acids, refrigeration agents, and poisons.
— Any other condition which, in the opinion of the
inspecting official shall be deemed to be a health hazard, potential
health hazard or nuisance.
[Ord. 1, 12/31/1949; as revised by Ord. 60, 8/12/1985]
Storage of such items as listed in § 102 hereof on
personal property shall be permitted only in strict compliance with
the regulations provided herein or with stricter regulations in other
Township ordinances, or in State or Federal laws.
[Ord. 1, 12/31/1949; as revised by Ord. 60, 8/12/1985]
1. The [Enforcement Officer/Inspector] is hereby empowered to inspect
grounds on which machinery, equipment, and/or various materials are
stored to determine if there is compliance with the provisions of
this Part. If noncompliance with the provisions of this Part constitutes
a nuisance, or if any condition, structure, or improvement poses a
threat to the health, safety, or welfare of the public, he shall issue
a written notice to be served by registered or certified mail upon
the owner of said premises, or, if the owner's whereabouts or
identity be unknown, by posting the notice conspicuously upon the
offending premises.
2. Said notice shall specify the condition considered to be a hazard
and/or nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set forth in the notice within
10 days of mailing or posting of said notice, and thereafter, to fully
comply with the requirements of the notice within a reasonable time.
[Ord. 1, 12/31/1949; as revised by Ord. 60, 8/12/1985]
If the owner of grounds on which machinery, equipment, and/or
materials are stored does not comply with the notice to abate the
conditions, within the time limit prescribed, the Township shall have
the authority to take measures to correct the conditions and collect
the cost of such corrections plus 10% of all costs. The Township,
in such event and pursuant to its statutory or otherwise authorized
police powers, shall have the right and power to enter upon the offending
premises to accomplish the foregoing.
[Ord. 1, 12/31/1949; as revised by Ord. 60, 8/12/1985]
1. Any person aggrieved by the decision of the [Enforcement Officer/Inspector]
may request and shall then be granted a hearing before the Board of
Supervisors; provided, he files with the Board of Supervisors within
10 days after notice of the [Enforcement Officer's/Inspector's]
decision, a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor. The hearing shall commence
not later than 30 days after the date on which the petition was filed
unless postponed for sufficient cause.
2. After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the [Enforcement Officer/Inspector].
[Ord. 1, 12/31/1949; as revised by Ord. 60, 8/12/1985; and
amended by Ord. 155, 1/5/1998]
Please see Chapter
1, Part
5, "Ordinance Enforcement Procedure."
[Ord. 1, 12/31/1949; as revised by Ord. 60, 8/12/1985]
The remedies provided herein for the enforcement of this Part,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
option of the Board of Supervisors.